Transcription
Articles of agreement between Thomas Crompton and John Richardson relating to land on the west side of Delaware bay
Whorekill[1]
Copie: John Stevesn was Atteached to Answer John Glovear In a plea of trespass and
Ejectment wherefore the Said John Stevens the Six and twentieth Day of January Anno
1679 Last past the plantation of the Said John Glovear Scituate and being on the West
side of Delaware bay Called Willing brooke on the northside of a Branch of a creeke
of the Said bay Called Duck Creeke Beginning at a Bounded poplar by the Branch
Running Up the Branch Southwest three hundred perches to the Land of William Stevens
to a bounded white oake neare the head of the Branch then SouthEast paralell with the
Land of the Said William Stevens one hundred and fifty perches to a Bounded white
oake by a Swampe and by a Line Southwest one hundred and Sixty perches to a Bounded
poplar on a Knowle in the Woods and by a Line South East three hundred and Eighty
perches and by a Line Drawne Southwest one hundred and Sixty perches to a bounded
oake and by a Line Drawne northEast Six hundred and twenty perches to a Bounded Oake
and by a Line South East three hundred and seaventy perches to the first bounded
poplar Conteining two thousand acres of Land with force and Armes Did Entre and him
the Said John Glovear from his farme and terme there of Doth Eject Expell and amove
and other Injuries to him Did against the peace of our Soveraigne Lord the Kinge and
to the Damage of the Said John Glovear one hundred pounds Sterling.
pledges ad.
prosequend.[2]
John Doe
Rich: Roe
And the Said John Glovear by Griffith Jones his Attorney Comes and Complaines that
whereas the Said Griffeth Jones as Attorney to John Richardson of Dorchestor County
in the provice of Maryland planter by his Certaine Lease in Writting Sealed with his
Seale as his act and Deed Delivered in behalfe of his Said Attorney and here in Court
produced bearing Date the Six and twentieth day of January Last past Did Demise Grant
Sett and to farme Lett unto the said John Glovear all that plantation on the West
Side of Delaware bay Called welling brooke on the north Side of a Branch of a Creeke
of the Said bay Called Duck Creeke Beginning at a Bounded poplar by the Branch
Running Up the Branch Southwest three hundred perches to the Lands of William Stevens
to a bounded white oake neare the head of the branch then South East paralell with
the Land of The Said William Stevens one hundred and fifty perches to a Bounded white
oake by a Swampe and by a Line Southwest one hundred and Sixty perches to a Bounded
poplar on a Knowle in the Woods and by a Line SouthEast three hundred and Eighty
perches and by a Line Drawne Southwest one hundred and Sixty perches to a bounded
oake and by a Line Drawne northwest nine hundred perches then by a Line Drawne
northEast Six hundred and twenty perches to a bounded oake and by a Line SouthEast
three hundred and Seaventy perches to the first bounded poplar Conteiniiig two
thousand acres of Land, the Said Demised premises with the Apportunances Unto the
Said John Glovear and his Assignes from the twentieth Day of January then Last past
before The Date thereof Untill the End and terme and Duering the full End and terme
of five Yeares from thence next Insueihg fully to bee Complait and Ended by Vertue of
Which Said Demise the Said John Glovear the Day and yeare first above mencioned Into
the premisses aforesaid with the apportunances Entred and was thereof possessed
untill the Said Defendant Samuell Styles afterwards to witt the Said Day and year
first mencioned into the premisses afore said in the peaceable and quiet possession
of the Said John Glovear being with force and Armes etc. Did Enter and him the Said
John Glovear from his farme aforesaid and terme aforesaid thereof not yett Ended did
Eject Expell and amove and Still Doth with hold and other harmes to the Said John
Glovear then and there Did against the peace of our Soveraigne Lord the King and to
the Damage of the Said John Glovear one hundred pounds Sterling And there Upon hee
bring this Suite etc.
Jones proquer.[3]
[ Signed: ] Test: Cornelis Verhoofe: Cler.
At a Court Held for the Whorekill the 10 * 11 * and 12 * Dayes of february Anno 1679/80
{Capt. John Avery}
Com. | Mr. Fran: Whitwell | Mr. Luke Wattson | present |
Mr. Alex. Molestine | Mr. John Roades | ||
Mr. John Kipshaven | Mr. James Wells |
John Richardson plt.
John Stevens Deft.
In a plea of trespass and
Ejectment.
By Consent of both parties Griffeth Jones Attorney for John Richardson and John Stevens Doe Joyne Iss[ ue in ] the action now Depending the Deft, plead not [ Guilty ] troyes him Selfe Upon the Court the Court Condisent [ the plt. ] Shall have a Jury Capt. John Avery Entred [ his decent ] the Jury is agreed and find by Evidence John Richardson being hee is the first Setler to have Right to the Same hee hath Seated the Court pass Judgment according to the Verdict of the Jury. The Deft, appeales from Judgment to the next Court of Assizes to beheld at New Yorke Before the Honorable Governor and Councell: The Court order both plt. and Deft, to put in Sufficient Security to prossecute and Answer the Said Appeale.
The pannell of the Jury
Mr. Edward Southrin | George Young | Richard Levick |
Samuell Gray | Daniell Browne | Charles Johnson |
Otto Wolgast | William Futcher | Richard Peaty |
Helm. Wiltbanck | John Hackister | Thomas Howard |
[ Signed: ] Test. Cornells Verhoofe Cler.
Copie:
July 18: Anno 1676.
Laid out for Mr. John Richardson and James Shackleday and John Richardson Senor a tract of Land Called Willing brooke on the West Side of Delaware Bay and on the northside of a Branch of Creeke of the Said bay Called Duck Creeke beginning at a bounded poplar by the branch Running Up the branch South west three hundred perches to the Land of William Stevens to a Boundeth white oake neare the head of the branch - then South East paralell with the Land of William Stevens one hundred and fifty perches to a bounded whitt by a Swampe and by a Line Southwest one hundred and Sixty perches to a bounded poplar on a Knowle in the woods and by a Line [ ] [4] hundred perches to a bounded [ ] a Line Southwest one hundred [ ] to a bounded Red oake and bys [ ] hundred perches [ ] Bounded oake then by a Line northEast Six hundred and twenty perches to a bounded oake then and by a Line South East three hundred and twenty perches to the first bounded poplar Laid out for two thousand acres.
By mee
Thomas Philps Deputy Surveyor
[ By or ]der of Capt Edmund [ ]11 Survor generall
The blanck Left was torne in the originall Befor it Came to my hand.
[ Signed: ] Test. Cornelis Verhoofe Cler.
Knowall men by these presents that I Thomas Crumpton of Dorchester Countey in the Province of Maryland doe Stand firmly bound and obleidged me my heires Executors Administrators or Assignes unto John Richardson of the Same Countey and Province Planter in the full and Just Quantity of Ten Thousand Pounds of good Sound Merchantable Tobacco and good Sufficient Caske to Conteyne the Same to be paid in Some Convenient Place in the Province of Maryland or on the West Side of Delaware bay to him the Said John Richardson his heires Executors Administrators or Assignes or Certeyne Attorney, as wittness my hand and Seale this the 2nd Day of Sept. 1676.
The Condition of this obligation is Such that if the above bounden Thomas Crumpton me my heires Executors Administrators or Assignes shall well and Truly keepe Covenant fullfill and Satisfy Every Claws in a Conditionall Covenant of Articles beareing Date the 18th of August 1676 and Likewise according to the Last Article in the said Condition Quietly and peaceable Deliver or Cause to be Delivered up at the Expiracion of Nine Yeares to the said John Richardson for his heirs Executors Administrators Assignes or Certaine Attorney and to Noe other person or persons or in any time Dureing the said Terme of Nine Yeares then this obligation to be void and of None Effect or Else to Remaine in full force and vertue
Thomas Crumpton
his TC marke
Seigned Sealed and Delivered
In presents of us.
Thomas TW Williams
signat
Charles CG
Grindey
signat
Win. Wattson
Entred in open Court December the 9th 1679 by Win. Wattson and Thomas Williams
[ Signed: ] Testis True Copie Exam, per Cornells Verhoofe Cler.
Articles of Agrement made Concluded and Agreed upon Beetweene Thomas Crumpton of the one party of Dorchester County Planter and John Richardson of the other party of the Same Countey and Province Afore Said Planter This 18th Day of August 1676.
Maryland Witnesseth.
Whereas the Sayd John Richardson doth Demise and grant to the Said Thomas Crumpton
one parte of a tract or parcell of Land Called wellin brooke Lieing and being on the
west Side of Deleware bay Neare a Creeke Called Duck Creek for and Dureing the time
and terme of Nine Yeares together with all benifits and priviledges thereunto
belonging for the use of him the Said Thomas Crumpton for the said Terme of Yeares
(That is to Say about the quantitey of Twoo hundred Acres of the said Tract before
mentioned
2dly. The Said Jno. Richardson Doth Covenant and agree to and with the
said Thomas Crumpton for to find and allow him Six Sow Shoates and one Young bore to
deliver them at the Now Dwelling plantation of him the said John Richardson, the said
Tho: Crumpton Doth Engage to Transport to the said Land before mentioned and to use
the best of his Endevour Carefully to Looke after and Raise as he Cann of the stock
upon the Land the one half of the Increese and principall to the use behalfe behoofe
of the said Thomas and the other halfe to the onley behalfe behoofe and use of him
the said John Richardson his heires Executors Administrators or assignes Likewise the
said John Richardson is and doth Covenant to furnish him the said Thomas Crumpton Two
Cowes the one the said Thomas is to pay him for the other upon his own accompt the
said hoggs Equally Divided Every Two Yeares and kill all that is killable only a
shoate Left to breede on and the Increse of the Cattle for the female at the
Expiracion of the Said terme Equally to be Devided and the male as the parteys
hereafter Shall agree.
3dly. The Said John Richardson doth Covenant to find and
allow him the Said Thomas Three hundreed Aple Trees at his Now dwelling plantation
and the said Thomas Crumpton doth Engage to Transport them to the Sayd Land and to
plant them thereon and Sufficiently Fence and Tend them and 3 Yeeres after the
Transporting them to plant them out at an Equall Distance as men Doe Generally plant
beareing trees in orchard and the profitt that shall arise from the Said Trees in
Every Respect the one halfe to the one party the other halfe to the other party only
Dureing the said ter[ me ] of Yeares the said
Trees to be Transported this present Yeare or as the said partys they shall
agree:
4thly. At the Expiracion of the Said terme of yeares the said Thomas Crompton doth CovTenant] and Engage to and with the Said John Quietley to Deliver the possession of the said Land howseing Orchard or orchards Gardon or Gardons fence or Fence[ s all ] Tenantable and Good in Repaire unto him the said Jno. Richardson his Heires lExecutors] Administrators and Assignes or Certeyne Attorney, and Discharging the said terme of Yeares to pay to the said John Richardson or his order One fatt Capon [ yearly ] Upon the feast of St. Michall, if Demanded as a Due Rent to the Said John R[ ichardson ] as witnes my hand and Seale the Day and Yeare above writen.
Thomas TC Crompton (seale)
Signatt
John
Richardson
Signatt IR
(seale)
Testis.
Wfti. Wattson
Tho. Barker
Edmond X
Riall
signatt
William Wattson Declared upon Oath that hee Did Draw the within wrighting and Saw
John Richardson and Thomas Crompton Assigne and Seale the within wrighting and made
Delivery there of as their act and Deed before the wittnesses within mentioned who
Did attest the same In open Court the 10th December 1679
[ Signed: ] Testis True Copie Exam, per Cornells
Verhoofe Cler.
Know all men whom these presents may in any manner of waye Concerne that I Petocoque Indian Comonly Called amongst the English Christian haveing for the vallue and Consideration of three Matchcoates haveing Received 4 yd. feese[5] and 1/2 yd. buttons and thred to the vallue of two of them and one Matchcoate more to be paid to me the said Petocoque or Mehoxey my brother have by these presents sould and Doe acknowledge to have Received full Sattisfaction for the Sale and worth to our Contentes and Likeing and Doe demise and graunt and wholly sell and possess and deliver up our possession from us our heires Executors Administrators Assignes or any other person or persons Either English or Indians unto John Richardson of Dorchester Countey in the province of Maryland Planter a tract or parcell of Land Lyeing and being on the West Side of Delleware Bay on the South Side of a Creeck Called Duck Creek Conteyning and Now Layd out for 2000 Acres by English with all benifits and Priviledges thereunto belonging as hawkeing hunting fishing fowleing or any other use the said John Richardson shall think fitt or any one here shall order or appoint Eyther heires Executors Administrators or Assignes Likewise I Doe by these presents Ingage to defend the said John Richardson his heires and Assignes etc. from all Indians or others in the Quiett possession of the said Land that my selfe Nor Noe other Indyans shall hunt or Kill Eyther deere fish foule or any other Game Eyther wild or Tame upon the said Land for Ever without the Especiall Leave or Licence from the said John Richardson his heyres Executors and Administrators or Assignes further I Doe Engage to Assist and help the said John Richardson or any one that Doth belong to him that Live or Shall hereafter Live upon the said Land if eyther his or their hogs or Cattle shall Runn astray in the woods to use the best of my Endevoure to drive them to the plantation or plantations they Doe belong to upon his or their Request to the true and honest Intent and and performance and Keepeing Covenant with this present obligation I have hereunto sett my hand Sealed with my Seale the 20th of September 1676
Signed Sealed and Delivered in the presents of us
Thomas Crumpton
TC
signat
Charles CG Grandy
signat
Thomas IW Williams
signat
forgot I doe Acknowledge to have Received Eight bottles of Rum as part of
Sattisfacion as witnes my hand (all at one time though forgott by the
wrighter
The marke of
O VU V O' O V (seale)
Petacoque or Christiany
Acknowledged In open Court by the said Christian Indian December the 10th 1679.
William Wattson declared upon oath that hee did draw this writeing and saw the Indian
deliver the same as his act and deed etc. to the Receiveing of the whole
Consideration thereof and Thomas Williams Sworne that hee saw the Assigneing sealeing
and Delivery thereof
[ Signed: ] Testis. True Copie Exam, per Cornelis
Verhoofe Cler.
To the Worshipfull Commissioners of Dorchester Countey
The Humble Peticon of John Richardson humbly sheweth that whereas your peticoner Transported from Maryland to the West side of Dellaware River and to a place in the said River Called Duck Creek and on the South Side of the said Creeke A Certaine Man Called by the Name of Thomas Crompton there to keepe possession in my Name and for my use one Certaine house that I Built there together with 2000 Acres of Land belonging to the same and are out of purse in seating of the said Crampton for the prevention very Considerable in seating the same Notwithstanding John Stevens of Dorchester Countey in the province of Maryland Gent, hath by violence and force of Armes turned him the said Crumpton out of Doores together with his wife and family whereby their lives and health were hasarded And what the said Crompton Did there in matter of Cleareing fenceing or building w[ as ] only for the proper use of the said John Richardson or for the heires or Assignes of the said John Richardson or whomseoever the said Richardson shall order [ all ] that is herein Conteyned I the said Thomas Crompton doe sweare to bee [ nothing ] but truth therefore the above said Richardson your peticioner humbly Cra[ veth the ] Countey Seale for Testimoney that this is the oath of the above said Thomas [ Crompton ] and your peticioner shall ever pray etc. as witness my hand and seale the 5th of Aufgust] 1679
the Mark of
TC
Thomas Crompton (seale)
Phins. Blackwood
John Rawllings
John Saulsburrey
August the 6th 1679
Sworne before us
Raymond Stapelfort
Wm. Stephines
Wm. Smithson Cler. Com.
Dorr.
(seale Countey)
Affirmed by oath by the said Clerk December 10th 1679 before us.
Testes
Luke Wattson
Sander M Malison
[ Signed: ] These a true Copie Exam, per Cornelis
Verhoofe Cler.
The Deputicion of William Watson aged 34 Yeares or thereabouts Sayeth that in the
yeare 1676 Sometime in that month of August or There aboute he Came in Companey of
Jno. Richardson to Thomas Phillips his howse with some others and the said Thomas
Phillips Jno. Richardson and others did goe to the branch of Duck Creeke and there
hee Did see a house upon a branch side and the said Thomas Phillips and John
Richardson did say that he the said John Richardson Did build the Same and Thomas
Phillips Did Carry your Deponant and the Rest of the Companey to a Marked Tree by
Another branch and Says he had Surveyed that Land for the said John Richardson being
2000 Acres and your Deponant Did Ask him whethor he had Power to grant warrants and
Survey he Sayd hee had Soe your Deponant the Same time Did obteyne Another
Certificate for 500 Acres of Land for himselfe of the Sayd Thomas Phillips and when
wee Came boath to the said Thomas Phillips his house he Did Shew us a Letter which
your Deponant Read which Came from Capt. Cantwell which Did Certify his Power to Come
from him further your Deponant Sayth to his Certaine knowledge the said John
Richardsons horse Did Carry by his order and a man that he hired with them Some Goods
of one Thomas Crampton his wife and Children from the Deponeants house in hunting
Creek in Choptancke in Maryland with Intention as they had made a Contract betwene
the said Thomas Crampton and John Richardson to goe to the said Land in Duck Creek
branches and there to Remaine for Nine Yeares his time that he went from your
Deponants house was Sometime in the begining of October 1676 and further the Deponant
Saith Not as witnes my hand this 9th Day of September 1679. Sworne in Open Court
December the 10th 1679.
Win. Wattson
[ Signed: ] Test. True Copie Exam, per Cornelis
Verhoofe Cler.
Edmond Ryan aged 36 Yeares of thereabouts Deposeth and saith That John Richardson of the Freshes of Choptanke River in the Province of Maryland was the first Cleerer and Impruver of the Land Called Wallinbroo Lying on the west side of Dellaway Bay adjoyneing to the branches of a Creek Called Duck Creeck which Cleareing was Began by him this Deponant for the said John Richardson the 18th Day of July 1676:
Maryland Dorchester County coram me[6] 7th die August 1679.
Wm. Stiphens
Win Smithson Clr
Raymond Stapelfort
(seale of the Countey)
Affirmed by Oath by the said Clerke before us December the 10th 1679
[ Signed: ] True Copie Exam, per Cornelis Verhoofe Cler.
Test. Luke Wattson
Sander M Mallston.
Peter Bawcombe aged about 49 Yeares being Deposed and Saith That aboute Juley in the Yeare 1676 The Deponant Being in the house of Thomas Phillips and hard the said Thomas Phillips and one John Richardson Say then that they had Surveyed the Land upon Duck Creeck branches for the Said John Richardson and the Said John Richardson built a house there upon the Said Land presently after before hee went Downe to Chaptanck and about Sept, or Oct. followeing the Said Richardson Sended up the Said Land Thomas Crompton as Tenant with his wife and family to Seate the said Land and furnished him with Corne and Meale and Your Deponant heard Thomas Crompton Say often times hee Seated the said Land for John Richardson as his Tennant further your Deponant heard Robert Dick and William Willoughby Says that They Never would Come up to Seate their Land if They Could have Given all the Lands in thes Parts for the Plague and Trouble of the Muscitesh and would Sell thier Land to your Deponant for a pair of Shoes apeere and your Deponant told them if they would Not Seated they had Noe Right of Land here and [ your ] Deponant tould them he would Not by it and further Saith Not
Peter Bowcombe
Sworne before us
November 14th Anno 1679
Fra. Whitwall
Luke Wattson
The above Said Deponant further Declares that he heard the above named Thomas Philips Saye that he had Power to grant warrants for Land to any person and to Survey the Same and Did grant a warrant for the same Land to John Richardson.
Peter Bowcombe
Declared in Truth before us.
The Day and Yeare above writen
Fran. Whittwell
Luke Wattson
[ Signed: ] True Copie Exam. Per
Cornelis
Verhoofe Cler.
Christopher Jackson Aged 30 Yeares or There abouts Being Examined and Sworne in Open Court upon his Oath Saith that John Richardson in the Yeare 1676 Did agre and Pay your Deponant for to help Gett timeber and to bring it in Place for the building of one Certaine Dwelling house on a Certayne Peice of Land which hee the Said John Richardson had Surveyed for him on the West Side of Dellaware Bay on The branches of Duck Creeke and that time here was Noe manner of worke Done on any parte of that Land where hee the Said John Richardson had Surveyed for him at That Time to my Certeine knowledge and further Saith Nott.
Christipher Jackson
his marke X
Sworne in Open Court December 10th 1679
[ Signed: ] Testis: True Copie Exam, per Cornelis Verhoofe Cler.
[ Entitled: ] 1679 Copy of proceedings of the Court at Whorekill.